A driving licence seizure in connection with suspected drug driving follows a strictly defined procedure. Knowing that procedure – and in particular the critical 30-day deadline – can determine whether the driver quickly recovers their entitlements or faces a prolonged period without a licence.
Misdemeanour or Criminal Offence – What the Distinction Means
Polish law distinguishes between two states in relation to drugs behind the wheel.
Use of a substance acting similarly to alcohol – where the substance is already in the elimination phase and is no longer actively affecting the driver’s psychomotor capacity. This is a misdemeanour under Article 87 § 1 of the Code of Misdemeanours, carrying detention or a fine and a driving disqualification.
Driving under the influence of a narcotic – where the substance is actively affecting the body and impairing the ability to drive. This is a criminal offence under Article 178a § 1 of the Criminal Code, carrying a custodial sentence of up to three years, a mandatory driving disqualification and a financial contribution.
Which of these states applies is determined by the forensic toxicologist’s opinion – not by the result of the saliva test.
The Seizure Procedure – Step by Step
Saliva test. Where an officer suspects the presence of drugs – most commonly because of the driver’s behaviour or a negative breathalyser result combined with visible signs of impairment – they carry out a saliva test using a specialist device.
Blood test. A positive saliva result is a preliminary finding only. Where it is positive, the officer arranges for a blood sample to be taken at a laboratory. The driver cannot refuse – refusal is treated by law in the same way as driving under the influence of a narcotic and carries equivalent liability.
Physical seizure of the licence. Following a positive saliva test and blood draw, the officer seizes the driving licence against a receipt and simultaneously enters the seizure in the Central Register of Vehicles and Drivers (CEPiK).
The Critical 30-Day Deadline
This is one of the most important elements of the entire procedure. Under Article 136(4)(1) of the Road Traffic Act, the authority that seized the licence has 30 days to obtain the forensic toxicologist’s opinion confirming the presence of a narcotic and to transmit that information together with the result to the prosecutor’s office or court.
If the 30-day deadline is not met, the licence must be returned without delay – and a corresponding entry must be made in CEPiK. The driver recovers their entitlements and may drive during the remainder of the proceedings.
In practice, toxicologist opinions often take several months due to laboratory backlogs. Monitoring this deadline closely and responding actively to any breach of it is therefore one of the most effective tools for an early return of the licence – sometimes long before the proceedings conclude.
The Toxicologist’s Opinion – Why It Is Decisive
The saliva test result is indicative only and cannot on its own form the basis for charges. The evidence in the proceedings is exclusively the blood test result, interpreted by a forensic toxicologist.
The expert’s opinion identifies the substance detected, its concentration and – crucially – whether at the time of testing it could have been actively affecting the driver’s psychomotor capacity. It is this last assessment that determines whether the conduct is classified as a misdemeanour or a criminal offence.
If the blood test returns a negative result, there is no basis for charges – regardless of any earlier positive saliva result.
False Positive Saliva Results
The saliva tests used by the police are preliminary in nature and can produce false positive results. The most common causes are certain medications – whether prescription or over-the-counter – that can react with the test, as well as technical errors or an improperly conducted test.
Where a positive saliva result is accompanied by a negative blood test, the blood test result is absolutely determinative. It is worth informing a lawyer of all medications and supplements being taken – this may be relevant to the overall assessment of the case.
Lines of Defence
Monitoring the 30-day deadline. A lawyer systematically checks whether the expert’s opinion was obtained within the deadline and properly transmitted to the case file. A missed deadline opens the door to an immediate return of the licence.
Objection to the seizure decision. Where the decision to seize the licence was made without an expert opinion having been obtained, or with a procedural irregularity, an objection can be lodged. A procedural error by the authority may result in the decision being overturned and the document returned.
Challenging the test results. Verifying the correctness of the blood sample collection, the chain of custody, the expert’s competence and the testing methodology. Where justified, it is possible to apply for an independent expert’s opinion to be admitted as evidence.
Classification of the conduct. Even where the presence of a substance is confirmed, the assessment of whether the driver was “under the influence” or merely in a state “following use” can significantly change the legal classification and the applicable penalty.
Contact Us
Drug driving cases require prompt action – particularly in monitoring the 30-day deadline for the expert’s opinion. The sooner a lawyer becomes involved, the more options for an effective defence are available.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
